Question
On February 14, 2015, Bill purchased a used Ford Focus from Eddie for $26,600. Bill's primary purpose for buying the car was to use it
On February 14, 2015, Bill purchased a used Ford Focus from Eddie for $26,600. Bill's primary purpose for buying the car was to use it to drive his child to school and various activities. Eddie indicated to Bill that the car had not been wrecked and that it was in good condition. Bill thought the car had been driven only eighty thousand miles. Less than a week after the purchase, Bill discovered a disconnected plug that, when plugged in, caused the oil warning light to turn on. When Bill then took his car to a mechanic, the mechanic discovered that the front end was that of a 2003 Ford and the rear end was that of a 2002 Ford. Further investigation revealed that the front half had been driven one hundred and sixty thousand miles. On March 8, 2015, Bill sent a letter informing Eddie that he refused the automobile and that he intended to rescind the sale. Eddie refused. Bill then drove the automobile for seven months and nearly eight thousand miles before filing an action against Eddie, seeking to revoke his acceptance and to obtain the return of the purchase price.
Your answers should incorporate the applicable UCC sections.
- What arguments would support Bill's revocation of his acceptance and the return of the purchase price?
- What arguments would support Eddie's denial of Bill's claim?
- Who should prevail? Explain.
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